The trial is set to begin for five Shreveport firefighters accused of mistreating two mentally challenged men.
Derrick Harris, Clint Richardson, Billy Glass, Jason Vaughan and Randy Chandler were in court today.
While Dale Cox, 1st Assistant District Attorney for Caddo, asked the judge to set a trial date, lawyers for all men objected.
They claimed there are unrecorded statements and notes from investigators that they need from the state.
Randall Fish, attorney for Billy Glass, requested all copies of interviews done by Shreveport Police Detective Rod Demery.
Cox says code of criminal procedure does not require the D.A.'s office to turn those notes over. In court, he "respectfully refused" to do so.
"Our position is that hand-written notes of investigators aren't discoverable," says Cox. "It's their work product, it contains their mental impressions. It would be the same as though they were asking for my own personal notes."
Defense attorneys said not having the notes puts them at a disadvantage.
"We should be entitled to all interviews prior to my clients' arrest," says Stephen Glassell, attorney for Jason Vaughan.
"The notes are important, because the statements they're referring to aren't recorded," says Pete Flowers, attorney for Clint Richardson.
Flowers says they also need a timeline on all alleged "events" at the fire house.
"I mean, at these fire houses, they actually have schedules, and so if we had the schedules, we actually know which firemen were at the firehouse on the day that was alleged," says Flowers. "I mean, I understand they may not have the exact day or time, but if they could at least tell us the month that something was supposed to have happened, then we can look at the documentation at the firehouse and get a good idea of who would've been present."
Judge Ramona Emmanuel told Cox she needs the law that supports the fact that the state doesn't have to turn over notes from investigators.
Four of the men will be tried for the misdemanor charge of principal to prostitution on in May. Then all will face a jury trial for the cruelty to the infirm charge on August 18.
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